The district has been considering a median barrier for nearly two decades. But the court said the district acted reasonably, based on engineering reports and available technology, in deciding not to install a barrier by the time of the fatal November 1994 crash that was the subject of the suit.

It started when a truck driven by David P. Sutton in the northbound fast lane was sideswiped and skidded across the center line into the path of a pickup driven by Clem Gutierrez. Gutierrez was killed, and Sutton lost part of a leg and the fingers on one hand and was seriously burned.

Sutton sued the district, contending that the lack of a median barrier created a dangerous condition that caused his injuries. Marin County Superior Court Judge Lynn Taylor dismissed the suit and was upheld by the appeals court.